Regulatory Information
Prop 65
What is Prop 65?
Prop 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm. These chemicals can be in the products that Californians purchase, in their homes or workplaces, or that are released into the environment. By requiring that this information be provided, Prop 65 enables Californians to make informed decisions about their exposures to these chemicals.
It is a broad law that applies to any company operating in California, selling products in California, or manufacturing products that may be sold in or brought into California. It mandates that the Governor of California maintain and publish a list of chemicals that are known to cause cancer, birth defects and/or other reproductive harm. The list, which must be updated annually, includes a wide variety of chemicals that can be found in many everyday items, such as dyes, solvents, drugs, food-additives, by-products of certain processes, pesticides and tobacco products.
The purpose of Proposition 65 is to ensure that people are informed about exposure to these chemicals. Proposition 65 also requires warnings to be placed on any product, product packaging, or literature accompanying a product that contains or may contain any of the 800-plus chemicals that the California Air Resources Board considers harmful. As noted above, many of the elements listed under Proposition 65 have been routinely used in everyday consumer items for years without documented harm.
What is MOCAP’s official response?
Some MOCAP products contain substances that the state of California considers carcinogenic or a reproductive toxicant. Finished product manufacturers may comply with Proposition 65 either by providing a clear and reasonable warning concerning an exposure to a listed chemical or they may perform a risk assessment. No warning need be given if a proper risk assessment demonstrates that the exposure is below certain levels that the law says do not require a warning. MOCAP has chosen to disclose Proposition 65 information for particular parts to assist its customers with their compliance efforts. As MOCAP is typically unaware of the application for which our products are used, we have chosen to provide a warning simply based on our knowledge about the presence of a listed chemical without attempting to evaluate the exposure. With MOCAP's products, the exposure may be negligible or well within the “no significant risk” range. However, out of an abundance of caution, we have elected to provide the Proposition 65 warning. We are not aware of consumer product exposure scenarios where the law’s warning thresholds would be exceeded, but the responsibility for warning determinations rests with our customers.
Some MOCAP products contain substances that the state of California considers carcinogenic or a reproductive toxicant. Finished product manufacturers may comply with Proposition 65 either by providing a clear and reasonable warning concerning an exposure to a listed chemical or they may perform a risk assessment. No warning need be given if a proper risk assessment demonstrates that the exposure is below certain levels that the law says do not require a warning. MOCAP has chosen to disclose Proposition 65 information for particular parts to assist its customers with their compliance efforts. As MOCAP is typically unaware of the application for which our products are used, we have chosen to provide a warning simply based on our knowledge about the presence of a listed chemical without attempting to evaluate the exposure. With MOCAP's products, the exposure may be negligible or well within the “no significant risk” range. However, out of an abundance of caution, we have elected to provide the Proposition 65 warning. We are not aware of consumer product exposure scenarios where the law’s warning thresholds would be exceeded, but the responsibility for warning determinations rests with our customers.
What will the warning look like?
“⚠ WARNING: This product can expose you to chemicals including "chemical name", which is known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.”
“⚠ WARNING: This product can expose you to chemicals including "chemical name", which is known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.”
Is MOCAP required to label product?
Our products are sold nationwide and we have no knowledge of where our products will ultimately end up. It would be impossible for us to determine which products will be sold or brought into the state of California. The ultimate decision to label a consumer product with a warning rests with the company that manufactures or assembles that product and introduces it into California, as the manufacturer or assembler is in a better position to evaluate relevant product-use factors and whether a listed ingredient is also present in another component part of the overall product. MOCAP provides information to assist with the ultimate labeling decision and to support its customers’ efforts to evaluate workplace safety issues.
Our products are sold nationwide and we have no knowledge of where our products will ultimately end up. It would be impossible for us to determine which products will be sold or brought into the state of California. The ultimate decision to label a consumer product with a warning rests with the company that manufactures or assembles that product and introduces it into California, as the manufacturer or assembler is in a better position to evaluate relevant product-use factors and whether a listed ingredient is also present in another component part of the overall product. MOCAP provides information to assist with the ultimate labeling decision and to support its customers’ efforts to evaluate workplace safety issues.
We have been buying these parts for years and they were never labeled. Why has MOCAP started labeling product now?
We periodically evaluate our material compliance to many regulations and have decided to adopt this new practice.
Did the raw material formula change and why were we not notified?
The raw material formulas have NOT changed. Because the formulas did not change, there was no need for customer notification.
Can MOCAP confirm if we (the customer) are required to label?
No, we cannot. This determination can only be make by you, the customer.
Does MOCAP exceed exposure warning thresholds? Can MOCAP provide data to support this?
We are not aware of consumer product exposure scenarios where the warning thresholds would be exceeded, but the responsibility for warning determinations and/or testing rests with customers.
Conclusion:
MOCAP believes that all of our products are safe when used as designed and intended. However, the penalties for not complying with Prop 65 are high. As a result, MOCAP as well as many other manufacturers, have elected to provide this warning out of an abundance of caution in order to avoid the potential for liability.
We periodically evaluate our material compliance to many regulations and have decided to adopt this new practice.
Did the raw material formula change and why were we not notified?
The raw material formulas have NOT changed. Because the formulas did not change, there was no need for customer notification.
Can MOCAP confirm if we (the customer) are required to label?
No, we cannot. This determination can only be make by you, the customer.
Does MOCAP exceed exposure warning thresholds? Can MOCAP provide data to support this?
We are not aware of consumer product exposure scenarios where the warning thresholds would be exceeded, but the responsibility for warning determinations and/or testing rests with customers.
Conclusion:
MOCAP believes that all of our products are safe when used as designed and intended. However, the penalties for not complying with Prop 65 are high. As a result, MOCAP as well as many other manufacturers, have elected to provide this warning out of an abundance of caution in order to avoid the potential for liability.
Where can I get more information on Prop 65?
For general information and FAQ's on Prop 65, please visit https://oehha.ca.gov/proposition-65/general-info/proposition-65-plain-language
For general information and FAQ's on Prop 65, please visit https://oehha.ca.gov/proposition-65/general-info/proposition-65-plain-language
RoHS - Restriction of Hazardous Substances
MOCAP receives numerous requests regarding compliance to the RoHS Directive. In order to reply to these requests in a consistent manner, we are providing the following information regarding the RoHS Directive. This information pertains to products produced in our Plastic PETG, EPDM, Silicone, Polyester, Polyimide, Vinyl Plastisol, LDPE, HDPE and Polyproylene materials.The part(s) that you are purchasing from MOCAP are RoHS compliant without exemptions according to the European Union Directive 2011/65/EU which bans placing on the EU market of new electrical and electronic equipment containing more than the agreed levels of lead, cadmium, mercury, hexavalent chromium, polybrominated biphenyl (PBB) and polybrominated diphenyl ether (PBDE) flame retardants.
Furthermore, based on information provided to us, our product(s) also complies with the RoHS2 recast according to European Union Directive 2011/65/EU (RoHS 2) & 2015/863 (RoHS 3).
REACH - Registration, Evaluation, Authorization and Restriction of Chemicals
MOCAP has received numerous requests regarding compliance with the European Union’s (EU) regulation 1907/2006 pertaining to the Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH). In order to answer the requests in a concise and consistent manner, MOCAP has summarized its information regarding REACH in this format.MOCAP is a manufacturer of articles used for various functions by a global customer base. MOCAP does not manufacture or sell any substances (chemicals), preparations (mixtures of chemicals), nor any articles (product) designed to release a substance. Therefore, there are no items being exported to the EU requiring pre-registration and subsequent full registration.
Based on the information provided to MOCAP by our raw material suppliers and our review, all other MOCAP material formulations do not contain any Substances of Very High Concern (SVHC) as listed in Table 1 (updated 2018-06-27) which is available at: http://echa.europa.eu/web/guest/candidate-list-table. We can certify that we do not intentionally add or use these chemical substances in the manufacture or handling of the specified products.
Should you have any questions on any regulatory issues or concerns, please contact us at
. Thank you!
